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Home My WebLink About10-1541RED-OFFICE OF THE' PRI OTHMTARY 2010 MAR -5 AM 8: 40 V{1n+rS .-iLJ`. r-lJ i"OU McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT4, Asset-Backed Certificates, Series 2007-OPT4 3 ADA Irvine, California 92618 V. Janet A. Tate 598 Zion Road Carlisle, Pennsylvania 17013 and Wesley A. Tate 598 Zion Road Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10 /$V/ etc.,-tL CIVIL ACTION/MORTGAGE FORECLOSURE Q ? 942.00 ?CL104 e? 4Sys3 j?-.2384L?J NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT4, Asset-Backed Certificates, Series 2007-OPT4, a corporation duly organized and doing business at the above captioned address. The Defendant is Janet A. Tate, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 598 Zion Road, Carlisle, Pennsylvania 17013. The Defendant is Wesley A. Tate, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 598 Zion Road, Carlisle, Pennsylvania 17013. On July 13, 2007, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Option One Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 2000, Page 2200. On September 3, 2008, the aforesaid mortgage was thereafter assigned by American Home Mortgage Servicing, Inc. as successor-in interest to Option One Mortgage Corporation to Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT4, Asset-Backed Certificates, Series 2007-OPT4, by Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Instrument # 200829790. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 598 Zion Road, Carlisle, Pennsylvania 17013. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $ 241,562.19 Interest through February 16, 2010 $ 13,614.08 (Plus $33.09 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 787.31 Corporate Advance $ 74.60 Escrow Advance $ 5,360.60 GRAND TOTAL $ 262,648.78 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $262,648.78, together with interest at the rate of $33.09 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEIAND CONWAY,P.C. BY: for Plaintiff TERRENCE J. MARC S. WEISBERG, ESQ-U R EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEIS8E?fAND CONWAY,P.C. BY: for Plaintiff TERRENCE J. McCAB SQ MARC S. WEISBERG, SQJKFJ EDWARD D. CONWA SQUI MARGARET GAIRO, ESQUIRE {;, PREPARED BY: l OPTION ONE MORTGAGE CORP. P.O. BOX 57076 IRVINE, CA 92619-7076 RGBT=RT P. VEGLER pE,?;RDER OF DEEDS rgmBERLAND COW11TY-207 JUL 20 01 10 53 PROPERTY ADDRESS: 598 ZION RD, CARLISLE, PA 17013-0000 Loan Number: 331059733 Servicing Number: 002329661-9 Parcel Number: 40-11-0286-033 ?r X h WHEN RECORDED MAIL TO: OPTION ONE MORTGAGE CORP. P.O. BOX 57096 IRVINE, CA 92619-7096 (790) 790-3600 ATTN. RECORDS MANAGEMENT [Sp.oe Above Thu L= For Rwmdwg Data] MORTGAGE THIS MORTGAGE ("Security instrument") is given on July 13, 2007 The mortgagor is JANET A TATE AND WESLEY A TATE ("Borrower"). This Security Instrument is given to Option One Mortgage Corporation, a California Corporation which is organized and existing under the laws of CALIFORNIA addr , and whose e33 3S 3 Ada, Irvine, CA 92618 ("Lender"). Borrower owes Lender the principal sum of TWO HUNDRED TWENTY FIVE THOUSAND )• . AND NO/100THs Dollars (U.S. $225,000-00 This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 01, 2037 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (e) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County. Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF. PENNSYLVANIA • Single Family Page I of 10 BK2000PG2200. PAD10011.wp (03-2405) Loan Number: 331059733 Servicing Number: 002329661-9 Date: 07/13/07 which has the address of 598 ZION RD, CARLISLE [Street, City] Pennsylvania 17013-0000 ("Property Address"); [zip Co&I TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Instuaaoe. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrunnentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. Page 2 of 10 PAD 10012. wp (03-2405) IM2000PG220I Loan Number: 331059733 Servicing Number: 002329661-9 Date: 07/13/07 If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such ease Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leaschold payments or ground rests, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Proputy Insurmce. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, or applicable Law otherwise requires, insurance proceeds shall be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining any such insurance proceeds, and then, at Lender's option, in such order and proportion as Lender may determine in its sole and absolute discretion, and regardless of any impairment of security or lack thereof: (i) to the sums secured by this Security Instrument, whether or not then due, and to such components thereof as Lender may determine in its sole and absolute discretion; and/or (ii) to Borrower to pay the costs and expenses of necessary repairs or Page 3 of 10 PAD10013.wp (03-2405) BuR 2 0 0 0 PG 2 2 0 2- Loan Number: 331059733 Servicing Number: 002329661-9 Date: 07/13/07 restoration of the Property to a condition satisfactory to Lender. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, Lender may collect the insurance proceeds. Lender may, in its sole and absolute discretion, and regardless of any impairment of security or lack thereof, use the proceeds to repair or restore the Property or to pay the sums secured by this security instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. If Borrower obtains earthquake insurance, any other hazard insurance, or any other insurance on the Property and such insurance is not specifically required by Lender, then such insurance shall (i) name Lender as loss payee thereunder, and (ii) be subject to the provisions of this paragraph S. 6. Oomgmncy, Preservation, Maintcmaw and Protection of the Property; Borrowers Loan Application; Leaseholds. Borrower acknowledges that the Lender does not desire to make a loan to Borrower secured by this property on the terms contained in the Note unless the property is to be occupied by Borrower as Borrower's primary/secondary residence. Lender makes non-owner residence loans of different terms. Borrower promises and assures Lender that Borrower intends to occupy this property as Borrower's primary/secondary residence and that Borrower will so occupy this property as its sole primary/secondary residence within sixty (60) days after the date of the Security Instrument. If Borrower breaches this promise to occupy the property as Borrower's primary/secondary residence, then Lender may invoke any of the following remedies, in addition to the remedies provided in the Security Instrument; (1) Declare all sums secured by the Security Instrument due and payable and foreclose the Security Instrument, (2) Decrease the term of the loan and adjust the monthly payments under the Note accordingly, increase the interest rate and adjust the monthly payments under the Note accordingly, or (3) require that the principal balance be reduced to a percentage of either the original purchase price or the appraised value then being offered on non-owner occupied loans. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. Borrower shall, at Borrower's own expense, appear in and defend any action or proceeding purporting to affect the Property or any portion thereof or Borrower's title thereto, the validity or priority of the lien created by this Security Instrument, or the rights or powers of Lender with respect to this Security Instrument or the Property. All causes of action of Borrower, whether accrued before or after the date of this Security Instrument, for damage or injury to the Property or any part thereof, or in connection with any transaction financed in whole or in part by the proceeds of the Note or any other note secured by this Security Instrument, by Lender, or in connection with or affecting the Property or any part thereof, including causes of action arising in tort or contract and causes of Page 4 of 10 PAD 10014, wp (03-24-05) BK2000PG2203 Loan number: 331059733 Servicing Number: 002329661-9 Date: 07/13/07 action for fraud or concealment of a material fact, are, at Lender's option, assigned to Lender, and the proceeds thereof shall be paid directly to Lender who, after deducting therefrom all its expenses, including reasonable attorneys' fees, may apply such proceeds to the sums secured by this Security Instrument or to any deficiency under this Security instrument or may release any monies so received by it or any part thereof, as Lender may elect. Lender may, at its option, appear in and prosecute in its own name any action or proceeding to enforce any such cause of action and may make any compromise or settlement thereof. Borrower agrees to execute such further assignments and any other instruments as from time to time may be necessary to effectuate the foregoing provisions and as Lender shall request. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate in effect from time to time and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage lusurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Lender may apply, use or release the condemnation proceeds in the same manner as provided in paragraph 5 hereof with respect to insurance proceeds. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. Page 5 of 10 PAD 10015.wp (03-2405) I.A2000PG2204 Loan Number: 331059733 Servicing Number: 002329661-9 Date: 07/13/07 11. Borrows Not Released; Forbearance By Leuda Not a Waiver. Extension of the time for payment or modification of amortization of the stuns secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12, Successors and Assigns Bound; Joint and Several Liability; Cosigners. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowces Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Page 6 of 10 PAD10016.wp (03-2405) OK2000PG2205 Loan Number: 331059733 Servicing Number: 002329661-9 Date: 07/13/07 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (e) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects moiithly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. The holder of the Note and this Security Instrument shall be deemed to be the Lender hereunder. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Borrower shall be solely responsible for, shall indemnify, defend and hold harmless Lender, its directors, officers, employees, attorneys, agents, and their respective successors and assigns, from and against any and all claims, demands, causes of action, loss, damage, cost (including actual attorneys' fees and court costs and costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, abatement, containment, remedial or other (required plan), expenses and liability directly or indirectly arising out of or attributable to (a) the use, generation, storage, release, threatened release, discharge, disposal, abatement or presence of Hazardous Substances on, under or about the Property, (b) the transport to or from the Property of any Hazardous Substances, (c) the violation of any Hazardous Substances law, and (d) any Hazardous Substances claims. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and taws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. ADDITIONAL COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. If any installment under the Note or notes secured hereby is not paid when due, or if Borrower should be in default trader any provision of this Security Instrument, or if Borrower is in default under any other mortgage or other inslnumeat secured by the Property, all sums acm-ed by this Security Instrument and accrued interest thereon shall at once become due and payable at the option of Lender without prior notice, except as otherwise required by applicable law, and regardless of Page 7 of 10 PAD10017.wp (03-2405) BK2000PG2206 Loan Number: 331059733 Servicing Number: 002329661-9 Date: 07/13/07 any prior forbearaaoe. In such event, Lender, at its option, and subject to applicable law, may then or thereafter invoke the power of sale and/or any other remedies or take any other actions permitted by applicable law. Lender will collect all ecpeoscs incurred in pursuing the remedies described in this Paragraph 21, including, but not limited to, rem able attorneys' fees and costs of title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for releasing the Property for services rendered if the charging of the fee is permitted under applicable law. 23. Waivexs. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this security Instrument. 25. Purchase Money Mortgage If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Miarepresantation and Nondisclosure. Borrower has made certain written representations and disclosures in order to induce Lender to make the loan evidenced by the Note or notes which this Security Instrument secures, and in the event that Borrower has made any material misrepresentation or failed to disclose any material fact, Lender, at its option and without prior notice or demand, shall have the right to declare the indebtedness secured by this Security Instrument, irrespective of the maturity date specified in the Note or notes secured by this Security Instrument, immediately due and payable. 28. Time is of the Essence. Time is of the essence in the performance of each provision of this Security Instrument. 29. Waiver of Statute of Limitations. The pleading of the statute of limitations as a defense to enforcement of this Security Instrument, or any and all obligations referred to herein or secured hereby, is hereby waived to the fullest extent permitted by applicable law. 30. Modification. This Security Instrument may be modified or amended only by an agreement in writing signed by Borrower and Lender. 31. Reimbursement. To the extent permitted by applicable law, Borrower shall reimburse Trustee and Lender for any and all costs, fees and expenses which either may incur, expend or sustain in the execution of the trust created hereunder or in the performance of any act required or permitted hereunder or by law or in equity or otherwise arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their fees in connection with Trustee and Lender including, but not limited to assumption application fees; fees for payoff demands and, statements of loan balance; fees for making, transmitting and transporting copies of loan documents, verifications, full or partial lien releases and other documents requested by borrower or necessary for performance of Lender's rights or duties under this Security Instrument; fees arising from a returned or dishonored check; fees to determine whether the Property is occupied, protected, maintained or insured or related purposes; appraisal fees, inspection fees, legal fees, broker fees, insurance mid-term substitutions, repair expenses, foreclosure fees and costs arising from foreclosure of the Property and protection of the security for this Security Instrument; and all other Page 8 of 10 PAD10018. wp (03-2405) Wooopc22-o1 Loan Number: 331059733 Servicing Number: 002329661-9 Date: 07/13/07 fees and costs of a similar nature not otherwise prohibited by law. Permitted by applicable law, Borrower shall pay to Lender their fees in connection with Lender providing documents or services arising out of or in connection with this Security Instrument, the Note, any other note secured by this Security Instrument or any other instrument executed by Borrower in connection with the Note or Security Instrument. 32. Clerical Error. In the event Lender at any time discovers that the Note, any other note secured by this Security Instrument, the Security Instrument, or any other document or instrument executed in connection with the Security Instrument, Note or notes contains an error that was caused by a clerical mistake, calculation error, computer malfunction, printing error or similar error, Borrower agrees, upon notice from Lender, to re-execute any documents that are necessary to correct any such error(s). Borrower further agrees that Lender will not be liable to Borrower for any damages incurred by Borrower that are directly or indirectly caused by any such error. 33. Lost Stolen, Destroyod or Mutilated Security Instrument and Other Documents. In the event of the loss, theft or destruction of the Note, any other note secured by this Security Instrument, the Security instrument or any other documents or instruments executed in connection with the Security Instrument, Note or notes (collectively, the "Loan Documents"), upon Borrower's receipt of an indemnification executed in favor of Borrower by Lender, or, in the event of the mutilation of any of the Loan Documents, upon Lender's surrender to Borrower of the mutilated Loan Document, Borrower shall execute and deliver to Lender a Loan Document in form and content identical to, and to serve as a replacement of, the last, stolen, destroyed, or mutilated Loan document, and such replacement shall have the same force and effect as the lost, stolen, destroyed, or mutilated Loan Documents, and may be treated for all purposes as the original copy of such Loan Document. 34. Assignment of Rents. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property. Borrower shall have the right to collect and retain the rents of the Property as they become due and payable provided Lender has not exercised its rights to require immediate payment in full of the sums secured by this Security instrument and Borrower has not abandoned the Property. 35. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ? Adjustable Rate Rider ? Condominium Rider ? 1-4 Family Rider ? No Prepayment Penalty Option Rider ? Planned Unit Development Rider ? Occupancy Rider ? Other(s) (specify) ? Page 9 of 10 PAD10019.wp (03-24-03) BK2000PG22.08 41 Loan Number: 331059733 Servicing Number: 002329661-9 Date: 07/13/07 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: &1&4y . DL C (Seal) LI, ' •%?" ?(J/yf/l. 1? ICA -Borrower (Seal) -Borrower _ (Seal) J ET A TATE Borrower (Seal) WESLEY A TE -Borrower -Borrower (Seal) -Borrower Certificate of -.L-- I, , do hereby certify that the correct address of the within named Mortgagee is 3 Ada, Irvine, CA Fy Witness my hand this day of JW7 /?1?tGi/K.C gent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, 49JA?d County ss: On this, the /3*day of before me, the undersigned officer, personally appearedf&V/ 4 7a-6 ?- f, 4141 ff 7-? known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument and acknowledged that executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARIAL. SEAL KELLY MCNANEY DICK, Notary Public Swo of Liverpool, Perry County My Commission E*m Sept. 5, 2007 Page 10 of 10 W tc Title of officer PAD1002O.wp (03-24-05) 8K2000P62209 All that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, with the improvements thereon erected, more fully described according to a plan prepared by Tom O. Bietsch, Registered Surveyor, as follows: Beginning at a point in the center of a public road known as the Mount Zion Road, at line of lands now or formerly of Reverend John E. Wilson, et ux; thence by the center line of said road, and the center line of the bridge across the Yellow Breeches Creek, North 11 3/4 degrees east 660 feet, more or less, to a pin in the center of the first mentioned public road and at the southern edge of Route 174; thence recrossing the Yellow Breeches Creek, South 16 1/2 degrees East, 80 feet, more or less, to a point at low water mark on the southern bank of the Yellow Breeches Creek; thence by the low water mark on the southern bank of the Yellow Breeches Creek in an easterly direction 140 feet to a point at line of other lands now or formerly of Reverend John E. Wilson, et al; thence by said lands due South 173 feet to an elm tree; thence by the same, South 88 1/2 degrees West, 85 feet to a stake; thence by the same, South 16 1/2 degrees East, 338.5 feet to a stake; thence by the same, South 85 degrees 35 minutes West, 324.6 feet to a point and place of Beginning. Exhibit A - Legal Description 1 Certify this to be Tec'7'` r^ lnl Cumberland County sX2000PG2210 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~y~r~'t', ,~t ~ u at br~'~~i~t~y ~..,,- F!tfr, ~ ~: ~ ~c, ~ 1,-.~'. Jody S Smith Chief Deputy Edward L Schorpp Solicitor Wells Fargo Bank, NA vs. Janet A. Tate (et al.) ,- - ~ „--Y 1.-~.,~f .~. ... ,. Case Number 2010-1541 SHERIFF'S RETURN OF SERVICE 03/08/2010 04:20 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2010 at 1620 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Wesley Arden Tate, by making known unto himself personally, ai 598 Zion Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. GERALD WORTHINGT DEPUTY 03/08/2010 06:56 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2010 at 1853 hours, he served a true copy of the within Complaint in Mortgag oreclosure, upon the within named defendant, to wit: Janet A. Tate, by making known unto herself p s Wally, at 6151 Galleon Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its q~tents d at the same time handing to her personally the said true and correct copy of the samet/' ~,.~ DEPUTY 03/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Janet A. Tate, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Janet A. Tate. Request for service at 598 Zion Road, Carlisle, PA 17013 is currently occupied by Wesley Arden Tate, the defendant's husband. Janet A. Tate resides at 6151 Galleon Drive, Mechanicsburg, PA 17050. 03/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Wesley Arden Tate, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Wesley Arden Tate. Request for service at 6151 Galleon Drive, Mechanicsburg, PA 17050 is currently occupied by Janet A. Tate, the defendant's wife. Wesley Arden Tate resides at 598 Zion Road, Carlisle, PA 17013. SHERIFF COST: $100.40 March 09, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF 1c CeGeitySuite Snen~T~. Teaeot,oft. Inc. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT4, Asset-Backed Certificates, Series 2007-OPT4 Plaintiff v. Janet A. Tate and Wesley A.Tate Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-1541 CIVIL TERM ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: n C n_: ~- <:::- ~=- =~-. .. ` c' --C ~~ -•; rv -_.~ --p ~:- Kindly enter judgment by default in favor of Plaintiff and against Defendant, Janet A. Tate, Only in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 02/17/10 to 05/25/10 $ 262,648.78 $ 3,242.82 Total $ 265,89 f1.60' ,~' ~. / TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff :" ;i -•-~ ~_ ~-i~ ..~. ~-, ,.'i '._: ,~ : r~: -E =~. -< AND NOW, this day of Q , 2010, Judgment is entered in favor of Plaintiff, Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT4, Asset-Backed Certificates, Series 2007-OPT4, and against Defendant, Janet A. Tate, Only, and damages are assessed in the amount of $265,891.60, plus interest and costs. BY THE PROTHONOTARY: ~I~.oo PQ gym/ ~~ ~O'1~~ ~,*a~4anso N~~ I McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT4, Asset-Backed Certificates, Series 2007-OPT4 Plaintiff v. Janet A. Tate and Wesley A.Tate Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-1541 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Janet A. Tate, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Janet A. Tate, is over eighteen (18) years of age, and reside as follows: Janet A. Tate 6151 Galleon Drive Mechanicsburg, Pennsylvania 17050 SWORN AND SUBSCRIBED BEFORE ME THIS -26th _ DAY OF MAY /y , 20~10~" ~ ~~1 ' ~~~+w U rum NOTA Y PUBLIC COMMONWEALTH ~F PENNSYLVANIA N ^TARIAL 5 EAL Elizabeth C. Parsons-Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES JAN. 20, 2014 i~ n ~ w f / TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT4, Asset-Backed Certificates, Series 2007-OPT4 Plaintiff v. Janet A. Tate and Wesley A.Tate Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-1541 CIVIL TERM CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant, Janet A. Tate that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit ..A.. SWORN AND SUBSCRIBED BEFORE ME THIS 26th DAY OF MAY , 2010 NOTAR PUBLIC COMMONWEALTH OF PENN5YWANIA NOTARIAL -SEAL Elizabeth C. Parsons -Notary Public :ity of Philadelphia, Philadelphia County ,'•'Y COMMISSION EXPIRES IAN. 20, 2014 TERRE CE J. McCABE, ESQUIRE MARL S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. C TERRENCE J. McCABE, ~ SQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff C)IiD~IC`li Q31' `1'111; I'I2()`1'11();~()"I'L'412~' Ct)CJR'I' OF COMMON 1'I,EAS Cumberland County Courthouse, C:arlislc, I'errnsylvania I7U13 Curt Lung ~ ~~ 1'rothanofary , ~ March 29, 20 ] 0 •~'v: , ~: ,~ - ~;. "~1'0: Janet A. Tate 6151 Galleon Drive Mehcanicsburg, I)ennsylvania 17050 Wells largo I3an.k., N.A., ~ls 'Trustee Tor tl~e t L)"llI1Ci31Ll]OICII'r'S Of' SOt.I11C1\~11;1~' lY.OJf1G ).~O?!Il 'T'rust 2007-01)"I'4; Asset-Backed Certificates, Series 2007-OT)"I'4 vs. ,ianet A. Tate and Wesley A. 'l'ate C'umberlarxl (.'(~ur~ty l_:C)UIt U1 \. Cl11111iOll 1 fGCkJ Nwnber 10-1541 CIVIL "I'I:R1vI NOTICE, RULL 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT 13Y DEFAULT IMPORTANT NOTICE YOU :\R13 IN DI:PAUI:C I3r:CAUSE 1'OU H:1VCi F'Al].,C:D i'O ENl'GR A \VRII-II:N APPI>ARAN°CE PL•RSONALLY OR 131' A'I`CORNL'Y AND FILL IN WRI"flN(i LV11'H THE LOUR"1' POUR UI?P[iNSLS OR 013JECfIONS TO 17111 Ci.AIMS S1T POR'I'Ii :1GAIN'S"C You. E1Ni.r-,SS 1'Ot1 ACT Wll'I11N "I'EN (IO) DAPS IT1tOM THI DAl'fi OF 3'i 115 NOTICE, A 1UDGh4EN'1-MAY 1.311 l:N'I'ERLiD A(ir11NS"f 1'Uli 1V I'iliOlJ'CA HEARINGAND YOIJ h1AY LOSE YOUR PROPGR"Il' UR UTIifiR tMPO1Z'1',1N'C R](ili'CS. YOt ~ SFIOI)1.1) TAKE'i'HIS PAI'E:R 1'O YOUR LAWYL"R AT ONCG. IF YUIt UO N0T F{AVE A !.A\VYER, C,O TO OR l'IiLHPHONE'rl•iE OFFIC@ SL'l' PURI'I l I3LiLOW, THIS OFFICE. CAN I'ROVIDr: 1'OU W[TH 1NF012MATION A130UT FIIRING A LAWYER. IF' YOU CANNOT Al~}`'Oltll'1'O H#RG A LA11'Y'ER, 7-HIS OF]']CE M:11' 13E AI3Ll: "i'UPROVIDii 1'OtJ1\'I'fFl INPORMATIONAI30U'CAGL•;NCIES'1'F{ATMAl'OFPIiR I..EGAI, SERVIC'l~S 1'O I1.1(i1f31.1; P1:RSONS A'J' A R1sDUCED FEE OR NO i'EE. Cumbea~land CoE+nty 13ar Association 2 Liberty Avenue Carlisle, Pennsyh'ania 17013 (800}990-9108 NOTIFICACION IMPORTANTF., USi'EI) SE 1NCUGN'i"RA 1>N ES"CADO Uli R1a3fiL1)lA POR NO 11Ai3ER PRESIiNI'ADO UNA COMPARECIiNCJA 1cSCR1'CA, YA SIiA PEf2SUN:1f 491=N'CL' O I'OR AI.iOC,:1D0 1' POR NO if,1l3I:R RAUlC:1D0 POR GSCKI'CO CUN ES'I'G TRIf3(JNrU_ SUS DEPENSAS U Ur331'CIUNi'S A L.OS RLCI_AMOS FORMULADOS EN CONTRA SUl'U. AI_ NO TOh1AR L.A ACCIDN Df:13IDA UI3N"!'RO Df? DIl'L (IO) DIAS Dl LA PECFiA DG ESTA NOTII'IC:ICION, l~I. •)•R113UNAI_ PODRA, SIN NECIiSIUAD D[: CQMPARTCf>K US77:E) EN CGR'CE U OIR PRI:UL3A AI_GUNA, DICTAR SLNI'EN('IA {3N SU CUNI'RA Y US'1'fiU PODRIA PElZDER 131f:NIiS U UTROS UERECIIUS lMl'ORTANTfiS. l)STlil) LG 1)1i13fi '1'OMAR ES"f I. PAPEI. A SU A130GAD0 INM1I:1)IATAMI:NTLi. S1 lJS'1'I:D NU '1'II;NG A UN A13UGAD0, VA A U Tf:I.EPONEA L:1 OFICiN.A EXPlJSO AI3AJ0. E$'I-A UFIClN:1 LO PUGDE PRO}'ORCIONAR CON INI'OKMACION ACI:RCA DI: CiMPLL'AR A UN Al3(xAUO. Si US"CGU NU PUI"sDE PROPOIZCIONAR PaRA J3MPLE:IR UN AI30GADCt. IsrA oF1crnA Ptn:nE sr•.R CAPnr nr.--, PRaPORCIONARLO coN INFORhd,AC1C5NAC:IRCA Dli LAS AGIiNCIAS QUL:1'ZJl>D1iN OFRICIR LOS SEi21'1CIUS LI:GALES A PERSONAS fiLEG1131JS IN UN fIONUR.AIt[O IZIa.)1.!CIDU NI NlNGLJN IiONORARIO. untbcr'lan+l (btrnty lia~~ssociation I_ihert '-Avenue +rl'' c, 1'cnnsyty• + 17013 )) 990-910 Attorneys for Plaintiff TERRENCE J. McCABE, ESQiJIRE MAI2C 5. WEISI31sRG, I~,SQUIRI~ EDWAI2ll ll. CONWAY, ESQUIRE MA1tGAI2ET GAII20, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MAI2KOWI'I'Z, ESQUlI2E hm OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Janet A. Tate 6151 Galleon Drive Mechanicsburg, Pennsylvania 17050 Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan COURT OF COMMON PLEAS Trust 2007-OPT4, Asset-Backed Certificates, CUMBERLAND COUNTY Series 2007-OPT4 Plaintiff v. No. 10-1541 CIVIL TERM Janet A. Tate and Wesley A.Tate Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin ____ Judgment for Possession Prothonotary ~s~ ~ ~.~~.~P~ 5/a7~0 If you have any questions concerning this Judgment, please call McCabe Weisberg and Conway P.C. at (215) 790-1010 ,~ ~ WELLS FARGO BANK, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT4, Asset-Backed Certificates, Series 2007-OPT4, Plaintiff v. JANET A. TATE and WESLEY A. TATE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-1541 CIVIL TERM IN RE: PLAINTIFF' S MOTION FOR SUMMARY JUDGMENT BEFORE OLER and EBERT, JJ ORDER OF COURT AND NOW, this 8`" day of July, 2010, upon consideration of Plaintiff's Motion for Summary Judgment, and following oral argument held on July 7, 2010, at which Defendants did not appear, it is hereby ordered and directed that summary judgment is granted in mortgage foreclosure, and judgment is entered against Defendants in the amount of $275,456.46, together with interest at a rate of $33.09 per diem from June 25, 2010, to the date of judgment, and at the legal rate thereafter. The Prothonotary is directed to enter said judgment. BY THE COURT, -~~ ~ ~F~ r , ~ a ~ / ~ ~ ~ i iW' ~~ ~ r ~ C__ C - 1 R. ~?'"9 esley Oler, Jr. J. ;~ `~ ~ - r: µI _ 1 ~~, { ~~ ~: aib ",. -r•. ~ . 3 .G. ~. {{ ^~ , .I.J ~ "L :, Marc S. Weisber Es . g~ q 123 South Broad Street Suite 2080 Philadelphia, PA 19109 Attorney for Plaintiff ~anet A. Tate Wesley A. Tate 598 Zion Road Carlisle, PA 17015-7111 Defendants, pro Se 7 q~~v ~~ W MCCABE, WEISBERG AND CONWAY, P.C. BY: HEIDI R. SPIVAK, ESQUIRE - ID #74770 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT4, Asset-Backed Certificates, Series 2007-OPT4, Plaintiff, V. Janet A. Tate and Wesley A. Tate, Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-1541 CIVIL TERM Defendants. Heidi R. S ival? Asgi Attorney or Plaintiff V i? 1'pte bL?'' c?- OL t PRAECIPE TO VACATE JUDGMENT D -?? TO THE PROTHONOTARY: ' - S . Kindly vacate judgment with regard to the above-captioned matter without prejudi?4po,M -TJ o payment of your costs only. ?. Cn DATE: q J 2A J I Q V. L l 01 ? 2: 5 u 3 McCABE, WEISBERG AND CW .'AFcoun ??' BY: HEIDI R. SPIVAK, ESQUI p 1p, "[I ! { ., 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT4, Asset-Backed Certificates, Series 2007-OPT4, Janet A. Tate and Wesley A. Tate, Plaintiff, Defendants. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-1541 CIVIL TERM PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as Discontinued and Ended, without prejudice, upon payment of your costs only. Heidi R. Spiv f, EsgVjip6 ATTORNEY OR PLAINTIFF McCABE, WEISBERG AND CONWAY, P.C. BY: HEIDI R. SPIVAK, ESQUIRE - ID #74770 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Soundview Home Loan Trust 2007-OPT4, Asset-Backed Certificates, Series 2007-OPT4, Plaintiff, V. CERTIFICATE OF SERVICE 1, Heidi R. Spivak, Esquire, Attorney for Plaintiff, hereby certify that a true and correct copy of the Janet A. Tate and Wesley A. Tate, Defendants. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 10-1541 CIVIL TERM within Praecipe to Discontinue and End, as well as Praecipe to Vacate Judgment, was served on the below person(s) by regular first class mail, postage prepaid, on 24th day of September, 2010. Janet A. Tate 598 Zion Road Carlisle, Pennsylvania 17013 Wesley A. Tate 598 Zion Road Carlisle, Pennsylvania 17013 DATE: i Z- d Heidi R. iva"sgi Attorney or Plaintiff